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  1. #1
    longsally111 is offline Member
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    Statute of limitations on Medical bills

    What is the name of your state (only U.S. law)? South Carolina

    Is there a statute of limitations on medical bills? I was just contacted by a collection agency with a medical bill for 30.00. No big deal, it is 4 years old. Then the woman says " and I have your other accounts from 2003 and 2004. I cannot remember where I was seen 6-7 years ago and they cannot give me itemized bills.
    Dont they have to bill me within a reasonable amount of time?
  2. #2
    Credithis is offline Member
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    Wrong answer, the SOL in SC is 3 years for both open and written accounts.
    Send a debt validation notice to them certified mail return reciept requested and keep a copy for your files. Mention the fact of the SoL having run if this alledged debt does exist. Now, having been given notice, and they still sue, you have counterclaims.
  3. #3
    dfromnyli is offline Member
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    I literally have no tolerance for people who do not pay medical bills, I think its one of the most irresponsible and reprehensible things someone can do. but nonetheless according to SC law, you will have an affirmative defense if they ever decide to sue.
  4. #4
    racer72 is offline Senior Member
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    Quote Originally Posted by dfromnyli View Post
    I literally have no tolerance for people who do not pay medical bills, I think its one of the most irresponsible and reprehensible things someone can do. but nonetheless according to SC law, you will have an affirmative defense if they ever decide to sue.
    It's just as irresponsible for a creditor to ignore their obligations to attempt to collect the debt within the boundries set forth by state law.
    Last edited by racer72; 09-04-2009 at 09:55 AM. Reason: brain sneeze.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  5. #5
    longsally111 is offline Member
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    ok, comments: I didn't "not" pay the bill, I was never sent a bill and now they are trying to collect. Apparently, I paid my co-pay in the office and that was that except, they have more charges for me. They are small amounts ( I have already paid the 30.00 from 2006). I was just curious as I live in another town and have not used services at the drs office they are claiming in years.
    In the state of SC, they do not sue, they take your state taxes. They do not need a lawsuit for it. I just wondered how much time must pass before you can say " look, bill me and ill pay it but you cannot sit on a bill for 7 years and then look for me".
    I did ask for validation and an itemized bill, dont know if I will get it.
  6. #6
    ecmst12 is offline Senior Member
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    You could try contacting the office directly for an itemized bill, or your insurance company from that time.

    I thought it was just state-affiliated hospitals that could take your tax refund, not ANY doctor's office/medical bill?
  7. #7
    longsally111 is offline Member
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    Almost all the drs offices are affiliated with the hospitals. The two in this area are Greenville memorial and Spartanburg Regional. The people in the drs offices wear badges that show they work for one of these two hospitals, kind of a strange set up but its always been that way. My old drs office is affiliated with Spartanburg while my childrens dr is affiliated with Greenville memorial.
  8. #8
    dfromnyli is offline Member
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    Quote Originally Posted by longsally111 View Post
    ok, comments: I didn't "not" pay the bill, I was never sent a bill and now they are trying to collect.

    Oh okay, when I go to a doctor or hospital I don't sit home in my living room and wait for a bill to come in the mail, I take care of it immediately within a week or two. Or as soon as I receive an explanation of benefits from my insurance carrier, whichever comes first. Just a different way of doing things I guess.
  9. #9
    longsally111 is offline Member
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    I didnt wait foa a bill. When I go in, I pay my co-pay before I am ever seen. This usually covers it. I am not sure what these other charges are.
  10. #10
    Credithis is offline Member
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    S.C. Code 15-3-530 South Carolina Code allows Three years. Apparently, South Carolina can claim or commandeer any State Income Tax refund you may have coming back and send it to hospitals, or doctors for unpaid bills -- EVEN if the bills are not owed because of a mixup or negligence on the part of the insurance company. There is no Due Process required via a judgment, no legal remedy, and no protection from this Draconian State practice. The worst and most criminal of these policies actually allows doctors to collect from spouses of deceased individuals even years after their spouse died. And, South Carolina will collect from your state income tax return for bills owed by your dead spouse in other states.
    Although the above is somewhat true, it only applies the recovery of monies owed to Medicaid not to private medical caregivers.


    Three years, and the above only applies to medicare/medicaid.

    The OP is good to go. They are SOL as far as collections. The Doctor should have done this well over three years ago.
  11. #11
    longsally111 is offline Member
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    well, I have prepaid legal and I called them, they referred me to an attorney and I asked if they could collect on these bills from 2003-2006. One of them is 4.08. One is 8.00. It is almost a joke that they sat on them for all these years. Anyway, I was told that no sol.....they can take my taxes from these bills and they will if I dont pay them.
  12. #12
    Credithis is offline Member
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    The attornies are mistaken, this is not uncommon which is why I always tell someone to go to an attorney conversant with State consumer laws and the FDCPA. They are as hard to find as hen's teeth.
  13. #13
    ecmst12 is offline Senior Member
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    SC has very specific (and unique) laws on medical collections, have you read them? They don't need to sue, they can seize tax refund WITHOUT a judgement and the SOL (if there even is one) is completely irrelevent (since that's only a defense to a lawsuit).
  14. #14
    Credithis is offline Member
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    Absolutely Not True. They still fall within SC SOL. Where in the heck did you get your info? That myth though is apparently perpetrated into the local court systems till they are almost taken for gospel until challenged. I listed the ONLY way it would not.

    Prove it..., my Family has several Physcians in it and a couple of Attornies that say Nay.

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